Oklahoma Personal Injury
Allow Zach Smith, an expert negotiator, to deal with the insurance company and handle your personal injury claim.
‘Sometimes Bad Things Happen to Good People’. This has been Zach Smith’s legal slogan ever since he started his law firm, and it is one of the unfortunate maxims of life we cannot ignore. This is never illustrated more than when an innocent person, properly conducting themselves and minding their own business is suddenly injured or killed due to the negligence of another.
The Three Requirements of a Personal Injury Claim
1. Liability
This refers to an injury that is sustained through no fault of your own. Although, Oklahoma is what is called a ‘comparative negligence’ state, and therefore, even if an injured person is partially at fault (“contributory negligence”), they can still recover so long as they are found (by a judge or jury) to have been less negligent than the person, parties, or company who injured them.
2. Damages
As discussed below, in order for a person to have a valid claim for their injury, they must have actually sustained damages, whether ‘special’ or ‘general’. This means if you are injured but you do not incur any costs or you don’t suffer any financial loss, then you cannot recover.
3. Coverage
This simply refers to the fact there must be money available to recover from the negligent third party. This is most commonly found within insurance policies, however, that does not mean an individual cannot be found liable for causing damages and a judgment entered against them. Usually, however, there must be some form of financial ability to pay in order to recover a judgment against a negligent party.
Understanding Your Personal Injury Claim
If you have been hurt due to someone else’s negligence or recklessness, it is natural to be worried about how you are going to pay for the cost of medical treatment and recoup wages you have lost, among other costs you likely have incurred. While the concept of injury law is to return people to the position they were in before an injury occurs, it is extremely difficult, if not nearly impossible to accomplish. However, using the legal system, Zach Smith can help you get as close as possible.
Whenever you or someone you know is injured due to the negligence of another, in most situations, this is accomplished by obtaining financial compensation for your injuries and any damages to your property.
These damages can be recovered from the negligent party responsible for your injury or an insurance company. Most often it is recovered from an insurance company, and that is why you almost always hear attorneys advertise not to deal directly with an insurance company yourself. While every case is different, the types of damages available in an injury case usually include the following types of damages:
Special Damages
In Oklahoma, special damages refer to economic damages, or damages that reimburse you for anything that has cost you money due to your injury. Special damages can include:
- Medical Expenses
- Rehabilitation Costs
- Prescription Costs
- Lost Wages
- Loss of Future Earnings
- Property Damage
- In-Home Care Expenses
- Childcare Expenses
- Medical Equipment
- Transportation Expenses
You may be eligible for other damages as well. If you have been out of pocket for any other damages you do not see on this list, please talk to Zach Smith about your specifics so he can get you everything you deserve.
General Damages
These damages are referred to as “non-economic” damages. They are non-economic in nature and account for situations you are put in due to injury that do not have an immediate cost and have a subjective value. These include:
- Pain and Suffering
- Emotional Distress
- Mental Anguish
- Scarring/Disfigurement
- Long-term Disability
- Lost Opportunities
- Loss of Enjoyment of Life
- Loss of Consortium
The nature of general damages can make them hard to quantify, but an experienced injury lawyer like Zach Smith can help you understand the general damages situation as it may apply to your case.
Punitive Damages
This category of damages is less common in injury cases, but courts can award punitive damages in an effort to financially reprimand offenders in cases of extremely immoral or reckless behavior. It is important to remember that while you may feel the person responsible for your injuries deserves punitive damages, the court is very conservative in making those determinations. A knowledgeable injury attorney like Zach can let you know if your case might qualify for punitive damages.
There are no guaranteed damages in injury cases, but understanding the types of damages available can give you a good understanding of what may be available in your circumstances. Personal Injury attorney Zach Smith is available anytime to provide a free consultation and help you determine what your case may be worth.
Dealing With Insurance Companies
If you or someone you know has been injured, do not try to deal with the insurance company on your own. Insurance companies know how to take advantage of people without experience in claims matters. Insurance companies are businesses, and they care about making money, not paying it out in claims. They will do all they can to prevent paying you the full value of your claim, using various tactics to delay or deny paying a claim, or they work tirelessly to diminish its value.
Zach Smith knows exactly how to communicate with insurance companies in order to maximize the amount of money you receive from the third party responsible for paying for injuries you sustained. If necessary, Zach is willing and able to go to a jury trial to hold the insurance companies accountable, unlike many attorneys.
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